QUESTION

How will recently refinancing a car loan from a bank to a credit union affect me if i file chapter 7?

Asked on Jan 15th, 2013 on Bankruptcy - Virginia
More details to this question:
I also have a personal loan with this credit union which would be incuded if i filed chapter 7. Would i have to include my car also since both loans are with credit union?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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There's nothing wrong with refinancing prior to filing a bankruptcy case.  Credit unions, however, will typically require a reaffirmation of the debt in order to retain the collateral--in your case, the car.    Reaffirmation agreements obligate you to pay the full balance owed on the vehicle (or other collateral) despite the bankruptcy discharge.  Thus, if you are later unable to keep up with your payments to the credit union, they can both repossess the car and sue you to recover any deficiency balance after it is sold.   Your personal loan is separate and should not be affected by the vehicle financing unless you signed a cross collateralization agreement.  You should definitely have your bankruptcy attorney check all the relevant documents in order to properly advise you on your options. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Jan 15th, 2013 at 3:18 PM

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